EDUCATION LAW - An Overview and Lawyers

Education in America is governed by both state and federal education laws, and is a complex system. Parties such as teachers unions, federal, state, local, and district governments, and various student or parent organizations, are subject to these regulations. Education law is a difficult body of law and the sensitivities of all the parties involved, require the interpretation of the law to be balanced between regulating conduct and accommodating interests. Any party with questions about relevant education law should consult an education attorney familiar with the federal and local laws.

Federal Education Laws

Federal education laws in the United States established the US Department of Education (DOE) as the prevailing central bureaucracy from which educational guidelines are passed and money is distributed. Current legislative authority, such as the Elementary and Secondary Education Act, guides DOE decisions. The federal government gives billions of dollars to schools in order to raise student performance and improve education the process and regulation of, is often debated in Congress.

State Education Laws

Operating under the federal guidelines, the most relevant education laws come from state legislatures. Local school standards generally come for state laws and must meet in order to get funding. States also regulate how such funding must be spent, what curriculum a school must promote, and create educational standards for teachers and administrators. Decisions regarding the opening of new schools, granting charters to private schools, and drawing district lines that determine where children go to school, are also regulated by state education laws. States have a great deal of latitude on how they manage education. Unless a state education law is discriminatory, or by neglect a child has been injured or harmed in a school setting, it is very difficult to win a lawsuit based on a state education law. Any aggrieved party should be sure to work with an education attorney to fully understand their rights and potential recovery options.